(1.) Accused Gopi Chand and Sarjeet were convicted under Sections 302 and 201. IPC and were sentenced to imprisonment for life with a fine of Rs. 1,000/- each, in default of payment of fine to further undergo 4 months rigorous imprisonment on first count, imprisonment for 3 years and- a fine of Rs. 500/- each, in default of payment of fine to further undergo two months rigorous imprisonment on the second count by the Additional Sessions Judge. Behror District. Alwar Accused Gopi Chand was further convicted under Section 404. IPC and was sentenced to undergo 1 yearTs rigorous imprisonment with a fine of Rs. 200/- in default of payment of fine to further undergo one month imprisonment.
(2.) At the outset it must be, stated that counsel for the appellants has submitted an application to the effect that appellant Gopi Chand was on bail and he has been murdered. He has submitted a photostat copy of FIR No. 83/2000 dated 21-5-2000 to show that he along with his five family members has been murdered.
(3.) In view of the above and since no near relative of appellant Gopi has moved any application within 30 days of his death for leave to continue the appeal the appeal against Gopi Chand stands abated.